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DEBELLIS v. PROP. CLERK

79 N.Y.2d 49 (1992)

In the Matter of Charles DeBellis et al., Respondents, v. Property Clerk of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided January 16, 1992.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (William J. Thom and Stephen J. McGrath of counsel), for appellants.

Samuel Hirsch for respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

This appeal presents two issues regarding the petitioners' request for the return of property owned by them and held by respondent property clerk: whether, under the expedited procedure for the return of such property set forth in the unpublished order in McClendon v Rosetti (US Dist Ct, SD NY, July 15, 1974, Lasker, J., 70 Civ 3851) petitioners' demand was (1) timely, and (2) sufficient...

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